SHIV CHARAN DAS Vs. IIIRD ADDITIONAL DISTRICT JUDGE

JUDGEMENT

(1.) THE petitioners have challenged the judgment and order of IIIrd Additional District Judge, Moradabad dated 31st May, 1982 by means of which, the appeal preferred by Respondent No. 3 has been allowed.

(2.) THE brief facts of the case are that the landlord, Respondent No. 3, filed an application under Section 21(1)(a) of U.P. Act No. XIII of 1972 against the petitioners for the release of the accommodation, which is in possession of the petitioners on the allegations that petitioner No. 2 is father of petitioner No. 1 and they are in occupation of a double storeyed building consisting of six rooms on the ground floor and four rooms on the first floor. The landlord, Respondent No. 3, is residing in a tenanted house on the first floor in Mohalla Holiwala. His family consists of himself, wife, two sons aged about 15 years and 6 years and two daughters aged about 12 years and 9 years. (These were the ages in 1982 when writ petition was filed). The tenanted accommodation was quite insufficient for the members of his family. It was further alleged that the accommodation in possession of the Respondent No. 3 was a single room whereas the petitioners had their alternative accommodation including their own house. It was also alleged that the petitioners had illegally occupied two rooms of Respondent No. 3.

(3.) PETITIONER No. 2 is a Homoeopathic practitioner and carries of his practice in a rented accommodated situate in the main bazar, which is 1-1/2 x 2 metres. The accommodation in possession of the Petitioner No. 1 in the ancestral house consists of one room which is about 5 metres x 3 metres of which 1/4th portion is being used as a passage for regress and ingress and the other room in possession of the petitioner No. 1 is approximately 2-1/2 metres x 2.20 metres. In the disputed house, on the ground floor there are 6 rooms- one is 2-1/2 x 2-1/2 metres, which is used by petitioner No. 1 as Operation room, second room is about 2-1/2 x 2-1/2 metres, which is used for the purpose of pre and post operative care of the patients; third room approximately measures 2 x 2 metres and is used as a Dark Room by the petitioner No. 1. Fourth room is 2-1/2 x 2 metres; fifth one is 3 x 3 metres and these two rooms are being used for the stay of the patients and the last room is 1 x 1.50 metres which is used by the members of the patients family as their kitchen.